Egan & Golden Successfully Defends Village in Suit Seeking Shutdown of $100 Million Development Project

Egan & Golden, LLP successfully defended the Village of Patchogue and its Board of Trustees in a suit seeking to overturn a recently approved local law creating a Downtown Redevelopment District. Plaintiffs, a small group of residents and business owners, also challenged a site plan, submitted by Downtown Patchogue Redevelopers, LLC, that calls for the construction of the “New Village at Patchogue,” a 291-unit apartment and retail space complex in Patchogue’s bustling Main Street area.


The Supreme Court decision found that Plaintiff’s allegations of illegality and procedural impropriety were “devoid of pleaded facts to support their vague and conclusory constitutional claims.” The Court further held that the “local law itself reflects that the decision to create a downtown redevelopment district was based on a comprehensive plan for the revitalization of the downtown area, and accordingly was not intended to single out Downtown’s property to the detriment of other property owners.” Firm partner Brian T. Egan was asissted by associate Christopher Bianco in the defense of the case.

The dismissal ends nearly two years of political wrangling over the site of the long-abandoned Swezey’s Department Store. With the Court’s dismissal of Plaintiffs’ claims, the Tritec Real Estate Company can go forward with construction of the $100 million development. The New Village at Patchogue is the latest project in the Village’s long-term redevelopment plan which has revitalized the downtown area and fostered a budding local arts scene.

In celebration of a FIRST in Suffolk County

Photo credit: Ed Betz/Newsday

You don't get many opportunities to celebrate a "first". Rarer still are American "firsts", that are often relegated to dusty history books or ancient memories. That is why the firm was delighted to participate in the celebration of the trailblazing career of retired NY Supreme Court Justice Marquette Floyd. Justice Floyd was Suffolk County's first black judge, and a decade after his retirement, remains the county's sole black justice. The firm joined members of the bench, bar and community on Friday to celebrate the unveiling of Justice Floyd's official portrait. Firm partner Brian T. Egan, Esq. remarked, "As a young lawyer, Justice Floyd was an example to me of performing your duties as a lawyer with respect and decorum. He also inspired me that every problem has a solution, if the parties were willing to work hard together to find that solution." Egan & Golden salutes Justice Floyd on this momentous occasion.

Egan Judges Yale Trial Competition

Yale University School of Law, Wall Street, New Haven CT

Firm partner Brian T. Egan, Esq. was invited by the Yale Mock Trial Association to serve as a judge at the 2012 American Mock Trial Association (AMTA) Regional Tournament held on February 11 and February 12 at Yale University, in New Haven, CT. The tournament is a highly competitive event, drawing teams from some of the best schools in the nation, including teams from the Ivy League. The top placing teams will earn bids to compete at the AMTA National Tournaments and, most importantly, the National Championship Tournament. The tournament judges are selected from experienced trial attorneys and sitting judges. This was Egan’s second stint as a judge at the tournament, this time serving as the Presiding Judge in both rounds. “It was an excellent experience to again serve as a judge at Yale, and the caliber of the students’ preparation and trial work was very high” said Egan. Egan is a partner in the law firm of Egan & Golden, LLP, with offices in Patchogue and Wainscott, NY 

Firm represents LI bank in complex financing transaction

Egan & Golden LLP represented a prominent Long Island  financial institution in the closing and purchase of a large municipal financing portfolio. The complex transaction involved the negotiation, structure and closing of the acquisition of a $5 million mortgage, which is secured by over 58 acres of land, and the assignment of an Installment Land Purchase Agreement. Justine Tocci, Esq. represented the client in the transaction. Egan & Golden LLP has extensive experience in representing corporations and financial institutions in all aspects of complex corporate and financial transactions.

Major Victory in Complex Construction Litigation

In a complex multi-party construction litigation, Egan & Golden’s litigation team obtained summary judgment for claims of breach of contract and successfully defeated all counterclaims against its client, J. Tortorella Swimming Pools, Inc. The Court awarded the full amount of the client's claim as well as a full recovery of attorneys fees.  The Court’s decision ended four years of litigation concerning a major renovation project in the Hamptons undertaken by the firm's client. Firm partner Brian T. Egan, and associates Justine Tocci and Christopher Bianco, successfully argued that the firm's client complied with the terms of its agreement and was not responsible for subsequent changes made to the construction plans. The decision can be found here (J. TORTORELLA SWIMMING POOLS vs. GANS, JIL & BERNARD, Index No. 012662-2007, Suffolk County, Supreme Court).

Vincent Candurra, Esq. Hired As New Associate

Egan & Golden, LLP is pleased to announces that Vincent A. Candurra, Esq. has joined the firm in the Family Law and Health Law practices. Mr. Candurra was graduated with a Bachelor of Science degree in Mathematics from Stony Brook University. He earned his Juris Doctor degree from St. John's University School of Law. During law school Mr. Candurra was the recipient of multiple CALI® Awards for academic excellence in the areas of Oral Arguments and Advanced Real Estate Transactions. He also interned with the Town of Brookhaven Law Department, where he prepared legal memoranda, attended trials and conducted pre-trial conferences with residents regarding various town code violations.


Mr. Candurra has spent the last seven years working in the Medical Management and Billing field where he was an Operations Manager. He worked for practices ranging from solo practitioners to large groups of twenty-five and more doctors. His functions included setting up practice management and implementing EHR software, credentialing, contract negotiation, refund requests and auditing of medical charts.

Firm continues string of victories for father of child

Egan & Golden, LLP associate, Erin B. Kowtna, successfully completed the last act of litigation in the case of Scala v. Evanson. In this most recent matter, Ms. Kowtna obtained an order of the New York Supreme Court, (Jones, J) after a hearing, authorizing the name change of the parties' child to the father's last name, Scala, where the parties had never married, and the six-year old child had previously gone only by the mother's last name, Evanson. Last November, the Appellate Division, Second Department unanimously affirmed the Family Court's order of a change of custody, granting sole custody to the father and supervised-only visitation to the mother, after a 31-day trial, in which the mother had made numerous false allegations of abuse against the father. A link to the Order is here. The father was represented by Karen Golden and Erin B. Kowtna.

Firm successfully defeats HOA's motion for summary judgment on "bad faith"

In Shinnecock Shores Association, Inc. v. Kivel, (Suffolk County, Supreme Court) Egan & Golden defended the homeowners against a lawsuit brought by their homeowner association to prevent construction of a small addition to their home.  Shinnecock Shores HOA argued that the renovation violated the setback requirements of the Association’s “Covenants and Restrictions,” which are the rules that homeowners in the development are bound to follow.  Firm partner Brian T. Egan and associate Christopher Bianco successfully argued that there were material questions regarding the HOA's procedures, enforcement, and whether the Association acted in bad faith when it decided to block construction of the extension. A copy of the Court's decision is here. Such wins are rare in New York where Courts typically give wide latitude to the decisions and authority of  homeowner association board of directors.

Egan appointed to Judicial Screening Committee

The Suffolk County Bar Association announced new appointments to the Bar's Judicial Screening Committee. Brian T. Egan, Partner at Egan & Golden, LLP, has been named to the Judicial Screening Committee that will review candidates for the election or appointment to judicial office. 

The screening committee reviews and considers the qualifications of candidates for District Attorney of Suffolk County, Justice of the Supreme Court, Judge of the County Court, Surrogate of Suffolk County, Judge of the Family Court, Judge of the District Court and Justices of the Town and Village Courts within Suffolk County.

Mr. Egan practices in the fields of litigation, municipal law and commercial law. He currently serves as the Village Attorney for the Incorporated Village of Patchogue and is active in civic affairs.

Egan Sworn In to US Supreme Court Bar

Washington, DC – On Monday, in a ceremony in the historic courtroom of the United States Supreme Court, Patchogue lawyer Brian T. Egan, Esq. was sworn in as a member of the bar for the highest court in the nation. Chief Justice John G. Roberts, Jr. presided over the panel, which included seven of the nine sitting Justices. To qualify for admission to the Bar of the Supreme Court, an applicant must have been admitted to practice in the highest court of their home state for a period of at least three years immediately before the date of application, can not have been the subject of any adverse disciplinary action and must appear to the Court to be of good moral and professional character. Applicants also must be sponsored by two members of the Supreme Court bar who endorse the correctness of the applicant’s statement and affirm that the applicant possesses all the qualifications required for admission, and affirming that the applicant is of good moral and professional character.

Mr. Egan is a partner in the law firm of Egan & Golden, LLP, with offices in Patchogue and East Hampton, NY. Mr. Egan concentrates his practice in the fields of commercial litigation and municipal law.

Firm hosts artist for 3rd Annual Walking Art Tour

Egan & Golden, LLP is once again pleased to support and host a featured artist in the 3rd Annual Patchogue Arts Council Walking Art Tour. The hosted artist this year is Dana Flaherty who has her photography displayed before the historic iron gates in the firm's reception lobby. The tour will run throughout the Fall and is hosted by businesses in Patchogue, Blue Point-Bayport and Sayville.Click here for a map of the walking tour

Egan Testifies in Support of Small Business at NYS Assembly Hearing

Egan & Golden, LLP partner Brian T. Egan, Esq. testified at a hearing of the New York State Assembly Minority Task Force on Small Business in New York State. The Task Force hearing was organized by Assemblyman Dean Murray (R-East Patchogue) and members of the Assembly Minority. The Task Force seeks to ensure a thriving small business community of Long island by cutting bureaucratic “red tape” and easing the hefty tax burden on small business that destroys economic growth. Mr. Egan testified about the experiences business clients have had with regulatory and agency inefficiencies and its effect on business. “Without real and substantial reforms, New York will continue to force businesses to close or relocate and jobs will evaporate from Long Island”, Egan testified. “New York State and it regulatory and taxing burdens is strangling business owners and making Long Island non-competitive”.

Egan & Golden partner appointed to Grievance Committee

Egan & Golden, LLP partner Brian T. Egan, Esq. has been appointed by the Board of Directors of the Suffolk County Bar Association to serve as a member of the Association's Grievance Committee for the 2010-2011 term.  The Grievance Committee hears and resolves complaints about attorneys' conduct and professionalism. Egan stated, "It is an honor to have been appointed by the Board to this important committee. The integrity of our profession must be maintained to preserve the trust our citizens have reposed in the rule of law."

Egan & Golden attorneys judge 2010 Youth Court Mock Trial Competition

Egan & Golden attorneys, Erin B. Kowtna and Michael P. Gippetti, served as judges of the 8th Annual Mock Trial Competition held on March 4, 2010. The competition judged high school students representing five area Youth Court teams: Brookhaven, East Hampton, Southampton, Huntington and Riverhead towns in two separate Mock Trials.

Ms. Kowtna and Mr. Gippetti judged the students on Opening Statements, Direct Examination and Cross Examination presented by the students in two separate mock trials Ms. Kowtna has been actively involved in the Southampton Youth Court program since September 2008. Ms. Kowtna along with the program director, Ms. Karen Hurst, and fellow attorney, Mr. Kevin Gilvary, instruct the students on the skills necessary for a trial attorney: developing an overall theme stated clearly in opening and closing statements, the art of direct and cross examination of witnesses and recommending a suitable disposition to the jury.

Youth Court is a voluntary alternative to the criminal justice system for young people who have committed a non-violent crime or offense. The youth pleads guilty and appears for a sentence hearing before a jury of his or her peers. The goal of the Youth Court program is Restorative Justice, to remedy the harm caused by the youth’s actions and to provide dispositions aimed at providing the youth community based involvement to reduce further incidence and prevent the escalation of such behavior. The ultimate goal is to have the offender become a viable member of the community.

Ms. Kowtna, who did not judge the Southampton Youth Court members due to her involvement in the program, is pleased to announce that the Southampton Youth Court received 1st Place in the Competition for the Second Year in a row. Ms. Kowtna stated, “The students’ victory is the direct result of their hard work and dedication each week to this important program and the efforts and guidance of the program director, Ms. Karen Hurst.”

Firm Scores Double Header Legal Fee Victory for Client

 Egan & Golden, LLP scored two winning decisions in the same action in two different courts within two days of each other.


In post-judgment proceedings in Rubio v. Rubio (Suffolk County, Supreme Court), firm partner Karen Golden and associate Erin Kowtna represented the defendant-wife in her appeal in the Appellate Division, Second Department to reverse a lower court’s denial of an award of attorney’s fees incurred during rigorous enforcement of her equitable distribution and maintenance awards. In a victorious opinion for the firm's client, on February 9, 2010, the Appellate Division ruled that the parties’ settlement agreement expressly provided for the award of attorneys’ fees in the event of default, and that the plaintiff failed to challenge defendant-wife’s claim for fees. The lower court had denied the award, claiming that defendant-wife had not submitted adequate proof of fees incurred. The appellate court disagreed and reversed, granting defendant-wife a money judgment in the amount of $13,921.00. A link to the decision is here.

Two days later, February 11, 2010, in separate, further post-judgment enforcement proceedings, Justice Marion McNulty (Supreme Court, Suffolk County) granted defendant-wife a new money judgment in the amount of $154,269.30, this time including attorneys’ fees of $18,698.66 for such enforcement.

Eugene L. Wishod joins Egan & Golden as Senior Counsel

The partners of Egan & Golden are pleased to announce that Eugene L. Wishod has joined the firm as Senior Counsel effective January 1. Firm partner Karen Golden stated, "Mr. Wishod is a highly respected and experienced lawyer. His service as an advocate, a judge and a leader of the bar in Suffolk County will be valuable assets to our firm's clients. We look forward to having such a resource contribute to the advice and guidance that we provide to our clients."

Mr. Wishod was graduated with a Bachelor of Arts, magna cum laude, from the Woodrow Wilson School of Public and International Affairs at Princeton University in 1953 and earned his LL.B. degree from Yale University Law School in 1958. Upon graduation, he was appointed a law clerk to the Hon. Charles W. Froessel, Judge of the New York Court of Appeals, the highest court in New York State. After serving for two years with Judge Froessel, Mr. Wishod entered private practice on Long Island in 1960. From 1965 to 1976, he was a member of the National Panel of Arbitrators, the American Arbitration Association. He was elected the Village Justice for the Village of Head of the Harbor and served from 1970 to 1980. With a concentration in areas including commercial litigation, business and corporate law, education and municipal law, and zoning and land use, Mr. Wishod is also considered the leading lawyer in Suffolk County for representation of consortiums of developers who, pursuant to agreements with the Suffolk County Sewer Agency, the Suffolk County Department of Public Works and the Suffolk County Department of Health Services, have constructed regional sewer treatment plants and expanded existing plants owned by county sewer districts to facilitate real estate development on Long Island.

Mr. Wishod has repeatedly served in leadership positions for the Bar, including a term as president of both the Suffolk County Bar Association and the New York State Association of School Attorneys, Inc. Mr. Wishod is a Fellow of the New York Bar Foundation and the American Bar Foundation, and served as a member of the Grievance Committee for the Tenth Judicial District from 1984 to 1988. He was a member of the New York State Bar Association’s Committee on Professional Ethics for 22 years and served for many years as Vice-Chairman of the Committee.

Mr. Wishod is admitted to practice in the U.S. Supreme Court, the Second Circuit U.S. Court of Appeals, the U.S. District Court in the Southern and Eastern Districts of New York, and all New York State courts. He is a member of the American Bar Association, New York State Bar Association, the Suffolk County Bar Association, the Nassau County Bar Association, and the Federal Bar Council.

Firm Victorious in Appeal Reinstating Hearst Heir's $20 Million Lawsuit

Egan & Golden, LLP firm partners Brian T. Egan, Karen Golden and associate Justine Tocci succeeded in convincing the Appellate Division, Second Departmnet to reinstate a $20 million malpractice and fraud suit brought by a grandson of newspaper magnate William Randolph Hearst against the grandson's wife and the couple's lawyer.

After he suffered a debilitating stroke in 1989 at age 55, John Randolph Hearst Jr. contends, his wife, Barbara, with the help of the couple's lawyer, transferred $20 million worth of property and investments into her own name. The suit also named a trustee as a defendant.

The trial court had converted the defendants' motion to dismiss to a motion for summary judgment, which he granted. However, the lawsuit was reinstated last week by the Appellate Division. In its decision, the court found that the trial judge had misunderstood the burden of proof for undue influence claims, and that Hearst had established a prima facie case against the defendants.

A link to the coverge by the New York Law Journal is here.